Assange, Pinochet and Diplomatic Double-Dealing

British Foreign Secretary’s ‘Unprecedented’ Threat to Raid a Foreign Embassy

Chilean dictator Pinochet: Shielded by crony justice. It pays to do the dirty jobs for the global establishment.

by DEEPAK TRIPATHI
A decade ago, the British government of Labour prime minister Tony Blair decided to back President George W. Bush’s decision to invade Iraq even though foreign office lawyers in London had warned that such an attack had no “legal basis in international law.”

In the midst of sharp divisions in government and British society, the invasion went ahead in March 2003. The consequences were far-reaching and they undermined the Blair government’s authority at home. Limping thereafter, he resigned in June 2007, humbled and apologetic. War and the economy together played no mean part in Tony Blair’s fall in British politics and the Labour Party’s defeat three years later.

A few days ago, Britain’s foreign secretary William Hague personally approved a letter that was sent to Ecuador. Its details were taken as a threat to raid the Ecuadorean Embassy in London and drag out WikiLeaks’ founder Julian Assange for extradition to Sweden, where state prosecutors say they want to question him about complaints of sexual assault. Hague’s letter was delivered to Ecuador despite the “grave reservations of lawyers in his department.”

Speaking anonymously to the Independent newspaper, a senior British official said that “staff feared the move could provoke retaliatory attacks against British embassies overseas.” A large majority in the Organization of American States is up in arms. Outside the Americas too, Britain is struggling to find much sympathy for its stance. In soccer parlance, Prime Minister David Cameron’s center forward has scored a spectacular own goal.

While Julian Assange made a statement from the balcony of the Ecuadorean Embassy in London, attacking America’s “witch hunt” against WikiLeaks and journalistic freedom, several former mandarins of the British Diplomatic Service expressed serious misgivings over William Hague’s handling of the affair. Oliver Miles, a 40-year veteran, described the letter to Ecuador as a “big mistake,” because “it puts the British government in the position of asking for something illegitimate.” Former ambassador to Moscow, Tony Brenton, commented that the Foreign Office had “slightly overreached themselves, for both legal and practical reasons.” And a former envoy to Uzbekistan, Craig Murray, said, “You cannot legislate domestically to opt out of international law.”

Otherwise, the mainstream broadcast and print media continued to provide a running commentary of the whole affair. The coverage has been generally confused, selective, repetitive and often hostile to Assange and a small Latin American country’s decision to grant him asylum. The Economist, though, positioning itself on the other side, criticized Britain’s “ham-handed invocation of a never-used, 1987 law to insinuate that it could, eventually, have the right to enter the embassy.”

It is perhaps necessary at this point to take note of the London-based Bertha Foundation’s lawyer Jennifer Robinson, who has described the British Foreign Office’s letter and the implicit threat as unprecedented––one which, if implemented, would force a profound change in the conduct of international diplomacy. Also important is to take a look at the concerns raised by prominent American feminist writer Naomi Wolf in an article titled “Something Rotten in the State of Sweden: 8 Big Problems with the ‘Case’ Against Assange.” Under her microscope is the entire Swedish legal system.

Why does Assange and others fear that Sweden would repatriate him to the United States, where he could face the rest of his life in jail, even execution for publishing leaked official documents? Because in November 2006 the United Nations found Sweden guilty of violating the global torture ban. Swedish officials handed over Mohammed El Zari and Ahmeed Agiza, two Egyptian asylum seekers, to CIA operatives in December 2001, to be rendered from Stockholm to Cairo. Both were tortured in Egypt. And, as Seamus Milne wrote in the Guardian, because of reports of a secret indictment against Assange by a U.S. federal grand jury in Alexandria, Virginia.

The law says that someone who has suffered persecution, or fears that he or she will suffer persecution because of race, religion, nationality, membership of a particular group or political opinion may seek asylum. In the last few days, the United States has claimed that it does not recognize the concept of “diplomatic asylum.” Exactly what distinction is Washington trying to make between asylum, political asylum and diplomatic asylum is baffling. Assange was after all in the territory of a foreign country that granted him refuge. Let us look at some precedents.

Stalin’s daughter Svetlana sought asylum when she walked into the U.S. Embassy in Delhi in 1967. Aleksandr Solzhenitsyn got asylum and lived in the United States for years before returning to Russia. Martina Navratilova, the Czech tennis player, took asylum in the U.S. in 1975. There are numerous instances when dissidents have been granted refuge in the United States and elsewhere. The concept is universal and depends on the sovereign decision of the country dealing with an asylum request.

Also worth examining is the British foreign secretary’s assertion that the United Kingdom has a “binding obligation” to extradite Assange to Sweden. Let us, for a moment, go back to October 1998. Chile’s former military dictator Augusto Pinochet was visiting London for medical treatment. A Spanish magistrate Baltasar Garzon, now on Assange’s legal team, issued an arrest warrant for Pinochet on charges arising out of crimes against humanity in Chile. Pinochet was arrested a few days later in Britain, where he would spend more than a year in judicial custody, fighting extradition to Spain. The House of Lords, then Britain’s highest court, ruled that Pinochet could indeed be handed over to the Spanish judicial authorities, because crimes such as torture could not be protected by immunity.

The British government nonetheless allowed Pinochet to return to Chile in March 2000 on health grounds. The law was clear, but for Britain’s Labour government at the time there was no “binding obligation” to extradite Pinochet to Spain. Chile under Pinochet had backed the United Kingdom during the brief Falklands war with Argentina. Moreover, he and Britain’s former Conservative prime minister Margaret Thatcher were admirers of each other. There was, after all, a way out for Pinochet to return home instead of being extradited to Spain.

Writing about the essence of rule of law and government’s legitimacy, Thomas Hobbes in his seventeenth-century work Leviathan observed: “The law is the public conscience.”

What conscience?

DEEPAK TRIPATHI is the author of Breeding Ground: Afghanistan and the Origins of Islamist Terrorism (Potomac Books, Incorporated, Washington, D.C., 2011) and Overcoming the Bush Legacy in Iraq and Afghanistan (also Potomac, 2010). His works can be found at: http://deepaktripathi.wordpress.com and he can be reached at:dandatripathi@gmail.com. 

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Media Hacks: Why Our National Press Corps Is Failing the Public Abysmally

Eds

It’s hard to imagine a greater irony than our political press, obsessed as it is with process stories, dubiously sourced rumors and trivial fluff, lamenting the fact that we can’t have a “serious national debate.”

Consider what may be the funniest lede in this cycle so far: “The elevated presidential campaign of ideas, fleetingly achieved after months of mudslinging, died Tuesday,” wrote Reid Epstein. “It was three days old.” Epstein went on to catalog all of the mean things the two campaigns were saying about each other, as if this is an election year or something.

But what makes that so hilarious is that Eptein’s piece appeared [3] in Politico exactly two days after the rag ran a piece [4] titled, “Forget the budget: Paul Ryan is hot!,” and just two days before a penetrating analysis headlined [5], “Fit for office: Candidates in best shape ever.” (Politico is also slapping together a quickie e-book about how the Obama campaign is “roiled in turmoil,” which is just a campaign classic that never gets stale.)

We can’t have serious debates in this country because we don’t have a news media that offers us serious debates. Rather than dig into candidates’ claims, we get he-said/she-said drivel and doses of whatever conventional wisdom is flying around the Beltway – we get dueling campaign “narratives” rather than a serious look at issues of substance, which seem to bore most campaign reporters.

That has long been the case, but we appear to have entered a new environment, one that Dave Roberts of Grist described [6] as an era of “post-truth politics” – “a political culture in which politics (public opinion and media narratives) have become almost entirely disconnected from policy (the substance of legislation).” The Romney-Ryan campaign appears to have embraced this reality, running a campaign that is unprecedented in its mendacity. While reporters and fact-checkers can — and do — highlight the inaccuracies of specific claims, it’s beyond the reach of mainstream journalism to point out the pattern for fear of appearing “biased.”

Consider a few examples of how our feckless fourth estate has performed during this cycle. We have Paul Ryan constantly being referred to as both a “serious” person, and a “fiscal conservative.” In a fawning profile, the New York Times, which conservatives liken to Pravda, told its readers [7] that Ryan “has become a particular favorite of — and powerful influence on — the intellectuals, economists, writers and policy makers who are at the heart of Washington’s conservative establishment.” The piece characterized him as “an earnestly interested, tactically minded policy thinker, with a deep knowledge of budget numbers.”

That image is based entirely on the conventional wisdom, but it’s also divorced from objective reality. The New York Times is the same paper that employs Nobel Prize-winning economist Paul Krugman, who pointed out [8] that over the course of a decade, Ryan’s Roadmap would cut $1.7 trillion in public spending, whils slashing taxes, mostly on high earners, to the tune of $4.3 trillion, and would this increase the deficit by a tune of $2.6 trillion. “And this is what passes inside the Beltway for serious thinking and a serious commitment to deficit reduction,” Krugman quipped.

As for his reputation as a deep thinker, Nate Silver noted [9] — also for the New York Times — that a statistical analysis of Ryan’s voting record placed him at about the same spot on the ideological spectrum as Minnesota’s tea party nutjob Michele Bachmann, whom the chattering classes rightly consider to be anything but serious.

Or look at Newsweek’s cover story, by Niall Ferguson, about why Obama should be voted out — it’s so riddled with the most blatant falsehoods [10] that Ferguson, perhaps unaware that there’s this thing called Google, appears to have lied [11] about which candidate he supported in 2008.

How easy it’s become to manipulate the media. You withhold any substantive information, not taking questions other than softballs thrown by friendly journos, until the travelling press is so desperate for a story that they’ll go with whatever you run up the flagpole. This week, the Boston Globe – another supposedly über-liberal paper – ran an editorial [12] calling for Joe Biden to apologize for saying that Romney, who had promised to “unchain” – deregulate – Wall Street would “put y’all back in chains.” Are we to suddenly pretend, en masse, that references to slavery haven’t become a staple of campaign speeches? Hardly a week goes by without a Republican urging African American voters to flee [13] the “Democratic Plantation,” or saying [14] that government regulations are “shackling the economy.” That stuff doesn’t leave the Globe editorial board reaching for their smelling salts. Yes, Biden made a poor choice of words, but with the number of Americans living near the poverty line reaching an all-time high [15], one might think that we could talk about topics other than the ‘gaffes’ that political reporters so enjoy.

Meanwhile, the Romney camp has referred to Obama as a “food-stamp president,” and is running a series of dog-whistle ads claiming – also entirely falsely [16] – that Obama is rolling back the Clinton era work reforms. The ads are reminiscent of the infamous “White Hands” ads [17] Jesse Helms ran in 1990. Political scientist Michael Tesler studied [18] voters’ reactions to seeing Romney’s first welfare ad, and found that, “among those who saw it, racial resentment affected whether people thought Romney will help the poor, the middle class, and African-Americans.”

The political press seems almost allergic to diving into the policy weeds to offer readers a sense of what politicians would actually do if elected. After Paul Ryan appeared – with his mother – at a Florida retirement community, the Washington Post quoted [19] one of the attendees saying, “I personally like his plan, because at 73, it really wouldn’t affect me… It’s something for the future. Under Obama, I just have too many problems — with the money he took away, the $716 billion.”

Both statements are totally untrue [20], but only one – that Obama “raided” Medicare – has been widly debunked by the fact-checkers. Every day reporters repeat the false claim that Ryan’s roadmap doesn’t impact people aged 55 and over because they wouldn;t be switched over to vouchers. But the reality is that Ryan’s budget repeals “Obamacare,” which is closing the prescription drug “donut hole” and covering free wellness visits and cancer screening for retirees right now, and he’d cut Medicaid by about a third over the next ten years (about a quarter of all Medicaid dollars go to seniors – it helps pay for 6 million retirees’ home health visits and covers Medicare’s out-of-pocket expenses for millions more). This isn’t some obscure policy arcania – it’s simple stuff to understand.)

So, no, tender Politico writers, we won’t have a lofty debate about the issues. But don’t blame the candidates – to paraphrase Donald Rumsfeld, they’re going to war with the press they have, not the one they necessarily want. Look in the mirror, because nobody is forcing you to uncritically repeat the campaigns’ claims or offer us breathless stories about who raised more dough or ran more ads in the battleground states. It’s you who will go bonkers over something vaguely titilatting like a bunch of drunk Republicans skinny dipping in Israel – nobody’s making you downplay reports [21] that the FBI was investigating allegations that one of those swimmers had violated campaign finance laws (it was none other than Politico that offered an “exclusive report [22]” claiming that the FBI “probed a late-night swim,” as if that’s even remotely plausible).

And that’s why we’ll continue living in a democracy in which 30 percent of adults can’t tell you which major party is more conservative [23] or correctly name their sitting vice president [24]. But they’re not clueless about everything. They know when they’re being poorly informed, which is why Pew tells us [25] that, “for the second time in a decade, the believability ratings for major news organizations have suffered broad-based declines.”

JOSHUA HOLLAND is an editor affiliated with Alternet.
Source URL: http://www.alternet.org/election-2012/media-hacks-why-our-national-press-corps-failing-public-abysmally

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OpEds/The Key to Power— Emptying the churches of the Left.

#OCCUPYMAINSTREET

Tactics & Strategies—4th in a series

The Key to Power
Emptying the churches of the Left.

We can see the city on a hill, but it seems so far off. We can imagine constituting a just, equal and sustainable society in which all have access to and share the common, but the conditions to make it real don’t yet exist.

You can’t create a democratic society in a world where the few hold all the wealth and the weapons. You can’t repair the health of the planet when those who continue to destroy it still make the decisions. The rich won’t just give away their money and property, and tyrants won’t just lay down their arms and let fall the reins of power. Eventually we will have to take them – but let’s go slowly. It’s not so simple.

It’s true that social movements of resistance and revolt, including the cycle of struggles that began in 2011, have created new opportunities and tested new experiences. But those experiments, beautiful and virtuous as they are, don’t themselves have the force necessary to topple the ruling powers. Even great successes often quickly turn out to be tragically limited. Banish the tyrant and what do you get? A military junta? A theocratic ruling party? Close down Wall Street and what do you get? A new bailout for the banks?

Even when tempted by despair, we should remember that throughout history unexpected and unforeseeable events arrive that completely reshuffle the decks of political powers and possibility. You don’t have to be a millenarian to believe that such political events will come again. It’s not just a matter of numbers. One day there are millions in the street and nothing changes, and another day the action of a small group can completely overturn the ruling order. Sometimes the event comes in a moment of economic and political crisis when people are suffering. Other times, though, the event arrives in times of prosperity when hopes and aspirations are rising. It’s possible, even in the near future, that the entire financial structure will come crashing down. Or that debtors will gain the conviction and courage not to pay their debts.

We can’t know when the event will come. But that doesn’t mean we should just wait around until it arrives. Instead our political task is paradoxical: we must prepare for the event even though its date of arrival remains unknown.

The forces of rebellion and revolt allow us to throw off the impoverished subjectivities produced and continually reproduced by capitalist society. A movement of organized refusal allows us to recognize who we are. It helps us free ourselves of the morality of debt and the work discipline it imposes on us. It allows us to turn our attention away from the video screens and break the spell the media hold over us. It supports us to get out from under the yoke of the security regime and become invisible to the regime’s all-seeing eye. It also demystifies the structures of representation that cripple our powers of political action.

Rebellion and revolt, however, set in motion not only a refusal but also a creative process. New truths are produced.

Some of the more traditional political thinkers and organizers on the left are displeased with or at least wary of the 2011 cycle of struggles. “The streets are full but the churches are empty,” they lament. The churches are empty in the sense that, although there is a lot of fight in these movements, there is little ideology or centralized political leadership. Until there is a party and an ideology to direct the street conflicts, the reasoning goes, and thus until the churches are filled, there will be no revolution.

But it’s exactly the opposite! We need to empty the churches of the Left even more, and bar their doors, and burn them down! These movements are powerful not despite their lack of leaders but because of it. They are organized horizontally as multitudes, and their insistence on democracy at all levels is more than a virtue: it is a key to their power.

Michael Hardt is an American political philosopher and literary theorist. Antonio Negri is an Italian Marxist philosopher. This excerpt is from their latest book, Declaration.

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The Movie J. Edgar: Just More Hollywood Lies

By Steven Argue, Santa Cruz Indymedia
Including The Second Lynching of Wesley Everest


While the movie J. Edgar ignores J. Edgar Hoover’s many successes in silencing American Blacks, leftists, and persecution of homosexuals, it starts out by “justifying” the 1919 Palmer Raids. J. Edgar Hoover’s involvement in the Palmer Raids was at the beginning of his long sordid history of carrying out political repression in the United States. The Palmer Raids, led by Attorney General A. Mitchell Palmer with J. Edgar Hoover on his staff, rounded up leftists including Anarchists, Communists, and Socialists for prison and deportation. Among the many crimes committed by the government, hundreds were deported, including Emma Goldman, a leading anarchist and U.S. citizen who was deported to the USSR, Socialist Party leader Eugene Debs was thrown in prison, and the young communist movement was driven underground.

Clint Eastwood directed the movie J. Edgar. It boasts an all-star cast that includes Leonardo DiCaprio, Naomi Watts, Armie Hammer, and Judi Dench. DiCaprio plays J. Edgar Hoover.

In the 1950s the anti-Communist McCarthy witch hunt removed most of the best actors and writers from Hollywood. Leftists, suspected communists, and supporters of Black rights were blacklisted and refused work. J. Edgar Hoover, in charge of the FBI, played a central role in this campaign against human rights and art. Besides ruining the careers of people with great talent, McCarthyism destroyed the quality of much of what is produced in Hollywood. Every once in a while a new movie comes out that shows that Hollywood just may have recovered from the McCarthyite with hunt. J. Edgar, unfortunately, is not one of them.

The movie supposedly follows J. Edgar Hoover’s career from his work in the Justice Department during the Palmer Raids of 1919-1920 up through his work as head of the BOI (Bureau of Investigation), renamed the “FBI” in 1935, to the end of his career in the late 1960s. Key FBI operations under J. Edgar Hoover, including the FBI’s involvement in the McCarthyite witch hunt and COINTELPRO, are completely ignored. The repressive Palmer Raids of 1919-1920 are, on the other hand, “justified” by a series of blatant lies.

COINTELPRO

In 1968 J. Edgar Hoover infamously declared, “The Negro youth and moderate[s] must be made to understand that if they succumb to revolutionary teachings, they will be dead revolutionaries.”

At that time, FBI head J. Edgar Hoover declared that the Black Panther Party was the “greatest threat to national security” and gave police nationwide the green light to frame and murder members of the Black Panther Party. Hundreds of members of the Black Panther Party were framed. This included Geronimo Pratt who was framed-up on murder charges and did 30 years in prison, despite the FBI knowing that Geronimo Pratt was not even in the vicinity of the murders. A judge finally exonerated Geronimo and released him 30 years late, but other framed Black Panther Party members remain in prison. Thirty eight members of the Black Panther Party were murdered in joint police / FBI actions; including Fred Hampton and Mark Clark who were shot by the Chicago police in their sleep after being drugged by FBI agents so they would not wake-up and defend themselves as police murdered them. Later, lawsuits filed by family members found FBI involvement in those two murders and the families of the victims were given some compensation.

The movie J. Edgar Hoover fails to even mention J. Edgar Hoover’s operations against the Black Civil Rights and Black Nationalist movements of the 1960s, with the exception of exposing an attempt to blackmail Martin Luther King Jr. into not accepting the Nobel Peace Prize. This was part of a broader FBI program to spy on and disrupt the activities of Martin Luther King Junior, including writing fake letters between leaders of the Civil Rights movement and the anti-war movement in attempts to create divisions. Likewise, the FBI used their infiltrators in the Nation of Islam to promote the idea of killing Malcom X, an FBI operation that ultimately succeeded.

The Red Scare and Palmer Raids

While the movie ignores J. Edgar Hoover’s many successes in silencing American Blacks, it starts out by “justifying” the 1919 Palmer Raids. J. Edgar Hoover’s involvement in the Palmer Raids was at the beginning of his long sordid history of carrying out political repression in the United States. The Palmer Raids, led by Attorney General A. Mitchell Palmer with J. Edgar Hoover on his staff, rounded up leftists including Anarchists, Communists, and Socialists for prison and deportation. Hundreds were deported, including Emma Goldman, a leading anarchist and U.S. citizen who was deported to the USSR.

The 1919 Palmer Raids were part of the broader Red Scare that started in 1917 with the Russian Revolution. It was opposition by the Russian working class, soldiers, and peasantry to Russian involvement in the First World War that played a primary role in bringing on the October 1917 Russian Revolution. In response, the American ruling class, fearing a workers revolution in the United States, carried out broad repression to stop anti-war and other anti-government activities. The 1917 Espionage Act mandated imprisonment for any activities seen by the government as interfering with the recruitment of troops. Further haunted by the specter of the Bolshevik Revolution, Congress passed the Sedition Act in 1918 that made criticism of the “U.S. form of government” a felony. An additional 1918 law, the Anarchist Seclusion Act, called for the deportation of anarchists.

Early factions of the young Communist Party, inspired by the Russian Revolution led by Lenin and Trotsky, were forced underground in these first years of their existence. In June 1918, Socialist Party leader Eugene Debs was jailed for his opposition to U.S. involvement in the First World War and sentenced to ten years in prison on the charge of “sedition”. From prison Debs ran for president on the Socialist Party ticket and received nearly a million votes. As part of this government led “Red Scare”, in May 1920, Nicola Sacco and Bartolomeo Vanzetti, two working class anarchist immigrants, were framed-up on murder and robbery charges and were sentenced to death despite their clear innocence. They were executed in 1927 for no other reason than their dedication to the emancipation of the working class.

False Portrayal of the 1919 Centralia, Washington Armistice Day Riot

J. Edgar Hoover, played by Leonardo DiCaprio, justifies the repression of the Red Scare and Palmer Raids with several falsehoods. One of these was a false description and reenactment of the 1919 Centralia, Washington Armistice Day Riot. The movie shows a parade of veterans “fresh back from the war” peacefully parading down the street until “radical” snipers from the roof tops open fire, killing four veterans.

The reality in Centralia, however, was completely different. The Industrial Workers of the World (IWW) had set-up headquarters in Centralia and were working to unionize workers in the timber industry. In response, on Memorial Day in 1918, the timber barons organized a “parade” that included both the Governor of Washington and the Mayor of Centralia. This was actually a mob intent on driving the IWW out of town. They went to the IWW headquarters where they beat-up IWW organizers and destroyed their headquarters.

At that time, Washington’s labor movement did have strength in the major proletarian center of Seattle with a general strike of 60,000 workers in 1919 winning higher wages. Little Centralia, however, lacked Washington’s labor strength. Yet the IWW were determined to not back down in the face of the thuggery of the capitalists in their struggle to improve the lives of the working class. They set-up a new headquarters after the old was destroyed. On Armistice Day 1919 the American Legion planned another attack, this time on the new IWW hall. On advice from a lawyer, IWW members armed themselves for self-defense. When the American Legion mob attacked the hall, breaking into the building with IWW members inside, IWW members opened fire to defend themselves and their property. Despite having weapons the IWW members were overwhelmed, beaten, and jailed.

One IWW member who was captured was Wesley Everest. He had tried to run out the back of the hall, but was forced to shoot three people who had tried to capture and beat him, killing one. Everest was later taken from jail by a lynch mob, mutilated, hung from a bridge, and shot about 20 times. No one was ever charged for the lynching of Wesley Everest. A number of IWW members, however, went to prison under long prison sentences for their acts of self-defense.

These actual events bear no resemblance to Leonardo DiCaprio’s propagandistic description of a peaceful parade being fired on and DiCaprio stating, “the revolution had begun”. Even if this was to be portrayed as the type of lie J. Edger Hoover would tell, no attempt is made to answer that lie with reality. The movie J. Edgar Hoover is, in fact, a second lynching of Wesley Everest.

False Portrayal of the Chicago Riot of 1919

Another false explanation given by Leonardo DiCaprio to justify the Palmer Raids is the Chicago Riots of 1919. DiCaprio’s character describes these riots as having been set off by a Communist led strike of coal workers. Nothing could be further from the truth.

The Chicago 1919 riot was actually mass murder and property destruction carried out by whites against Blacks, with Blacks fighting back. It started with a Black youth, Eugene Williams, accidentally swimming into a territory claimed by whites. Racist whites threw rocks at Williams, killing him. In response, the Chicago Police arrested a Black person. Tensions and violence rose with Blacks fighting back against white racist terror. Still, Blacks suffered the brunt of the attacks with 23 Blacks dead, 15 whites dead, 537 people injured, and over 1,000 Black families left homeless. The New York Times complained at the time, “There had been no trouble with the Negro before the war when most admitted the superiority of the white race.” While it is true that the Communist program was strongly anti-racist and in support of the right of Blacks to fight-back, the descriptions in the movie J. Edger are once again completely divorced from reality.

False Portrayal of the 1919 Galleanist Bombings

Leonardo DiCaprio as J. Edger Hoover gives a third “justification” for the Palmer Raids that is also untrue. He speaks of a bomb that went off at the house of Attorney General A. Mitchell Palmer and at the houses of some other top government officials. DiCaprio falsely attributes these bombing to “Communist Bolsheviks”. This is another blatant lie. Those actually involved in the bombings were an anarchist group under the leadership of Luigi Galleani. Galleani believed in the “propaganda of the deed”, that is, getting rid of tyrants through direct terrorist action. This is not the Bolshevik program.

There is no question that those who Galleani targeted were tyrants, but the “Bolshevik Communists” did not believe Galleani’s tactics were useful. It’s not that the Communists had any sympathies for those who Galleani bombed. Those bombed, like Palmer, were carrying out repression, defending exploitation, and were part of a system that sent millions to die in the First World War. The objection of the Communists to these sorts of bombings is that they accomplish nothing. Worse, such acts of terrorism tend to demobilize the working class who may begin to look to small military units to carry out the revolution for them rather than knowing that revolution is a task that they themselves must carry out through methods that include strikes, mass protests, and the building of a revolutionary vanguard party.

In addition, acts of terrorism can always be used by the state as an excuse for political repression. This was the case with the Galleani bombings that were used to intensify attacks on the free speech rights of the entire left, most of whom had nothing to do with the bombings. Hundreds of leftists, like anarchist Emma Goldman, who were not involved in any way with the bombings were arrested and deported and, to this day, the movie J. Edger is blaming “Bolshevik Communists”, people who also literally had absolutely nothing to do with the bombings.

The Deportation Hearing of Emma Goldman

The movie J. Edgar Hoover portrays Emma Goldman as refusing to answer any questions regarding her deportation proceedings. While it is technically correct that she refused to answer verbal questions at the hearing on the grounds that she had committed no crime and had the right to her opinions, she did submit an eloquent rejection of the proceedings concluding:

“Under the mask of the … Anti-Anarchist law every criticism of a corrupt administration, every attack on Governmental abuse, every manifestation of sympathy with the struggle of another country in the pangs of a new birth–in short, every free expression of untrammeled thought may be suppressed utterly, without even the semblance of an unprejudiced hearing or a fair trial. It is for these reasons, chiefly, that I strenuously protest against this despotic law and its star chamber methods of procedure. I protest against the whole spirit underlying it–the spirit of an irresponsible hysteria, the result of the terrible war and of the evil tendencies of bigotry and persecution and violence which are the epilogue of five years of bloodshed.

“Under these circumstances it becomes evident that the real purpose of all of these repressive measures–chief among them the Anti-Anarchist law–is to support the capitalist status quo in the United States. Vain is the pretence that the safety of the country or the well-being of the American people demands these drastic Prussian methods. Nay, indeed, the people can only profit by a free discussion of the new ideas now germinating in the minds of thinking men and women in society. The free expression of the hopes and aspirations of a people is the greatest and only safety in a sane society. In truth, it is such free expression and discussion alone that can point the most beneficial path for human progress and development. But the object of deportations and of the Anti-Anarchist law, as of all similar repressive measures, is the very opposite. It is to stifle the voice of the people, to muzzle every aspiration of labor. That is the real and terrible menace of the star chamber proceedings and of the tendency of exiling and banishing everyone who does not fit into the scheme of things our industrial lords are so eager to perpetuate.

“With all the power and intensity of my being I protest against the conspiracy of imperialist capitalism against the life and the liberty of the American people.”

A fairer portrayal of events would have included something of this statement. It is for Emma Goldman’s eloquent words and popularity that she and Alexander Berkman became a personal crusade of J. Edgar Hoover, with J. Edgar Hoover declaring them to be “beyond doubt, two of the most dangerous anarchists in this country and return to the community will result in undue harm.”

Instead of portraying the crude and indecent repressive activities of J. Edgar Hoover in silencing political expression in the United States, the movie lies about those events and does its best to justify political repression.

The Attempted 1934 Coup against FDR and the McCarthyite Anti-Communist Witch Hunt.

The movie J. Edgar moves away from the political during the period of the 1920s and 1930s. Completely ignoring huge political developments that J. Edgar Hoover was in the center of, the movie instead puts J. Edgar Hoover in glowing light fighting gangsters and catching the apparent kidnapper of Charles Lindbergh’s baby. While focusing on these activities of the FBI and J. Edger Hoover, and exposing Hoover’s megalomaniacal attempts to take credit for each arrest carried by his BOI (the FBI was called the Bureau of Investigation (BOI) before 1935), the movie pretends that J. Edgar Hoover’s FBI moved away from being America’s political police during this time period. This is another falsehood.

In 1934 J. Edgar Hoover helped put the brakes on a coup attempt against the Presidency of Franklin Roosevelt. Major General Smedley Butler, retired from the U.S. Marine Corps, contacted Hoover about a coup plot by the fascistic American Liberty League, a group with important government insiders and heavy financing from prominent American capitalists. In return for stopping the coup, Roosevelt gave J. Edgar Hoover free reign to carry out surveillance against leftists and anyone considered subversive. None of this is mentioned in the movie.

Through information gathered by Hoover’s FBI, the McCarthyite witch hunt was carried out in the 1950s, blacklisting workers from jobs who at some point had communist, leftist, or anti-racist affiliations or associations. Most of the best leaders of the American labor movement were removed from their posts through government actions, greatly weakening the unions then and to this day. The best actors, song writers, and script writers were blacklisted in Hollywood, both destroying people’s careers and leveling a giant blow against the quality of work that comes out of Hollywood, a blow from which Hollywood has never fully recovered. None of this is ever mentioned in the movie.

During the McCarthyite era, J. Edgar Hoover also began the Counter-Intelligence Program (COINTELPRO) used to infiltrate, spy-on, disrupt, harass, frame, and murder socialists, civil rights, black liberation, anti-war activists, and others. With the exception of one of J. Edgar Hoover’s operations against Rev. Martin Luther King Jr., these operations are not even mentioned. While the movie completely ignores the FBI’s most important operations from the 1930s to 1972 under the control of J. Edgar Hoover, it focuses on an apparent secret gay love affair between J. Edgar Hoover and fellow Agent, Clyde Tolson.

J. Edgar Hoover and Homosexuality

What is portrayed quite deeply through the movie is J. Edgar Hoover’s alleged gay love affair with Clyde Tolson. Also portrayed is the alleged disapproval of his mother towards any homosexual activity. Hoover lived with his mother until he was 40. This could be a touching portrayal of a homosexual love affair at a time (1950s and 1960s) when homosexuality in the United States was punishable by arrest, confinement in mental facilities, and all kinds of barbaric psychiatric tortures. An enduring love affair of two men forced into the closet during such hard times.

Yet, whatever the case of J. Edgar Hoover’s personal sexuality, that didn’t prevent him from seriously persecuting homosexuals. Hoover banned homosexuals from joining the FBI. Likewise, coinciding with the McCarthyite crackdown on communists, there was a similar crackdown on homosexuals in the government that Hoover participated in. The fear was that since homosexuality was illegal, homosexuals would be open to blackmail, so the theory went that homosexuals needed to be removed from the government.

Like communists and suspected communists, thousands of homosexuals were purged from government jobs ending careers and driving many to suicide. FBI director J. Edger Hoover participated in this crackdown. In addition, Alfred Kinsey’s scientific sexual studies could have been used to show that there were indeed thousands of homosexuals in the State Department as well as throughout the government to boost J. Edgar Hoover’s position of the need for the crackdown against homosexuals. As a result, J. Edger Hoover tried to get Kinsey to testify. Kinsey rightly refused. None of J. Edgar Hoover’s participation in the repression of homosexuals made it into the movie.

Governor Adlai Stevenson Was Also a Target

According to Hoover’s files, in Chicago he assigned Agent M. Wesley Swearingen to the task of going to Gay bars that were frequented by Adlai Stevenson. Adlai Stevenson was the governor of Illinois and a presidential candidate.

Of the investigation, Agent Swearingen himself said it took up “thousands and thousands of man hours. It was just unbelievable. It’s none of the FBI’s business. So I thought it was a little strange. But as I said, Hoover wanted us to do it, so I went along with it.”

In Hoover’s files he referred to Adlai as Adeline referring to him also as “the sex deviate…governor of Illinois.” Hoover spread rumors that Stevenson was homosexual. Stevenson, for his part, came out publicly against the McCarthyite anti-communist witch hunt. None of this made it into the movie, only the alleged nearly life long gay love affair between Hoover and Agent Clyde Tolson. Brief mention was also made of Hoover’s alleged discovery of a lesbian love affair involving Franklin Delano Roosevelt’s wife. In reality, there was no evidence of such an affair. Hoover decided she had an affair with a woman based only on the fact that she had friends of that “persuasion”.

To the extent the movie does to some degree portray the crimes of J. Edgar Hoover, when it isn’t lying about them or ignoring them, it portrays J. Edgar Hoover as some rogue and eccentric agent within the U.S. government who had too much power. Yet, in carrying out oppression and repression against the working class, the left, Blacks, homosexuals, and others, Hoover was actually merely carrying out the wishes of America’s racist, homophobic, and anti-worker ruling capitalist class. After Hoover was gone, continued spying and harassment of the left along with racist and political murders by the FBI on the Pine Ridge Reservation, in Greensboro, and in Dearborn, the FBI frame-up of Leonard Peltier, and the FBI bombing of Judi Barri, all point to the fact that J. Edgar Hoover was not some rogue agent of the capitalist government, but was instead carrying out the actions demanded by the capitalist class who rule America. The repression the American people suffered under J. Edgar Hoover did not end with his death, but will only be ended with the death of the capitalist system.

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Steven Argue is a member of the Revolutionary Tendency, here is the Revolutionary Tendency’s statement of purpose:
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For more on the Russian Revolution from this same author, read:
Why The Russian Revolution is Still Important
http://www.indybay.org/newsitems/2012/03/03/18708611.php

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§Correction
by Steven Argue Sunday Jun 24th, 2012 8:26 AM
[This states things more clearly, please delete my correction posted above.]

In my article reviewing the movie J.Edgar, I stated that J. Edgar Hoover had no real evidence of a love affair between Eleanor Roosevelt and another woman. This may have actually been true and was based on a couple sources. But in 1978 love letters between Eleanor Roosevelt & Lorena Hickok were released that did prove a love affair between the couple. I didn’t see the question of great importance and didn’t look into it deeply, so I apologize for my mistake. The reason why there were contradictory sources on this is the fact that the Roosevelt family tried to hide the love affair between Eleanor Roosevelt & Lorena Hickok. The Roosevelts, however, dropped their lawsuits against Gay rights activists when the love letters between Eleanor Roosevelt & Lorena Hickok were released.

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Chomsky: The Most Powerful Country in History Is Destroying the Earth and Human Rights as We Know Them

Noam Chomsky

Magna Charta: a pitifully incomplete journey.

Down the road only a few generations, the millennium of Magna Charta, one of the great events in the establishment of civil and human rights, will arrive.  Whether it will be celebrated, mourned, or ignored is not at all clear.

That should be a matter of serious immediate concern.  What we do right now, or fail to do, will determine what kind of world will greet that event.  It is not an attractive prospect if present tendencies persist — not least, because the Great Charter is being shredded before our eyes.

The first scholarly edition of Magna Charta was published by the eminent jurist William Blackstone.  It was not an easy task.  There was no good text available.  As he wrote, “the body of the charter has been unfortunately gnawn by rats” — a comment that carries grim symbolism today, as we take up the task the rats left unfinished.

Blackstone’s edition actually includes two charters.  It was entitled The Great Charter and the Charter of the Forest.  The first, the Charter of Liberties, is widely recognized to be the foundation of the fundamental rights of the English-speaking peoples — or as Winston Churchill put it more expansively, “the charter of every self-respecting man at any time in any land.” Churchill was referring specifically to the reaffirmation of the Charter by Parliament in the Petition of Right, imploring King Charles to recognize that the law is sovereign, not the King.  Charles agreed briefly, but soon violated his pledge, setting the stage for the murderous Civil War.

After a bitter conflict between King and Parliament, the power of royalty in the person of Charles II was restored.  In defeat, Magna Charta was not forgotten.  One of the leaders of Parliament, Henry Vane, was beheaded.  On the scaffold, he tried to read a speech denouncing the sentence as a violation of Magna Charta, but was drowned out by trumpets to ensure that such scandalous words would not be heard by the cheering crowds.  His major crime had been to draft a petition calling the people “the original of all just power” in civil society — not the King, not even God.  That was the position that had been strongly advocated by Roger Williams, the founder of the first free society in what is now the state of Rhode Island.  His heretical views influenced Milton and Locke, though Williams went much farther, founding the modern doctrine of separation of church and state, still much contested even in the liberal democracies.

As often is the case, apparent defeat nevertheless carried the struggle for freedom and rights forward.  Shortly after Vane’s execution, King Charles granted a Royal Charter to the Rhode Island plantations, declaring that “the form of government is Democratical,” and furthermore that the government could affirm freedom of conscience for Papists, atheists, Jews, Turks — even Quakers, one of the most feared and brutalized of the many sects that were appearing in those turbulent days.  All of this was astonishing in the climate of the times.

A few years later, the Charter of Liberties was enriched by the Habeas Corpus Act of 1679, formally entitled “an Act for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas.” The U.S. Constitution, borrowing from English common law, affirms that “the writ of habeas corpus shall not be suspended” except in case of rebellion or invasion.  In a unanimous decision, the U.S. Supreme Court held that the rights guaranteed by this Act were “[c]onsidered by the Founders [of the American Republic] as the highest safeguard of liberty.” All of these words should resonate today.

The Second Charter and the Commons

The significance of the companion charter, the Charter of the Forest, is no less profound and perhaps even more pertinent today — as explored in depth by Peter Linebaugh in his richly documented and stimulating history [4] of Magna Charta and its later trajectory.  The Charter of the Forest demanded protection of the commons from external power.  The commons were the source of sustenance for the general population: their fuel, their food, their construction materials, whatever was essential for life.  The forest was no primitive wilderness.  It had been carefully developed over generations, maintained in common, its riches available to all, and preserved for future generations — practices found today primarily in traditional societies that are under threat throughout the world.

The Charter of the Forest imposed limits to privatization.  The Robin Hood myths capture the essence of its concerns (and it is not too surprising that the popular TV series of the 1950s, “The Adventures of Robin Hood,” was written anonymously [5] by Hollywood screenwriters blacklisted for leftist convictions).  By the seventeenth century, however, this Charter had fallen victim to the rise of the commodity economy and capitalist practice and morality.

With the commons no longer protected for cooperative nurturing and use, the rights of the common people were restricted to what could not be privatized, a category that continues to shrink to virtual invisibility.  In Bolivia, the attempt to privatize water was, in the end, beaten back by an uprising that brought the indigenous majority to power for the first time in history.  The World Bank hasjust ruled [6] that the mining multinational Pacific Rim can proceed with a case against El Salvador for trying to preserve lands and communities from highly destructive gold mining.  Environmental constraints threaten to deprive the company of future profits, a crime that can be punished under the rules of the investor-rights regime mislabeled as “free trade.” And this is only a tiny sample of struggles underway over much of the world, some involving extreme violence, as in the Eastern Congo, where millions have been killed in recent years to ensure an ample supply of minerals for cell phones and other uses, and of course ample profits.

The rise of capitalist practice and morality brought with it a radical revision of how the commons are treated, and also of how they are conceived.  The prevailing view today is captured by Garrett Hardin’s influential argument [7] that “freedom in a commons brings ruin to us all,” the famous “tragedy of the commons”: what is not owned will be destroyed by individual avarice.

An international counterpart was the concept of terra nullius, employed to justify the expulsion of indigenous populations in the settler-colonial societies of the Anglosphere, or their “extermination,” as the founding fathers of the American Republic described what they were doing, sometimes with remorse, after the fact.  According to this useful doctrine, the Indians had no property rights since they were just wanderers in an untamed wilderness.  And the hard-working colonists could create value where there was none by turning that same wilderness to commercial use.

In reality, the colonists knew better and there were elaborate procedures of purchase and ratification by crown and parliament, later annulled by force when the evil creatures resisted extermination.  The doctrine is often attributed to John Locke, but that is dubious.  As a colonial administrator, he understood what was happening, and there is no basis for the attribution in his writings, as contemporary scholarship has shown convincingly, notably the work of the Australian scholar Paul Corcoran.  (It was in Australia, in fact, that the doctrine has been most brutally employed.)

The grim forecasts of the tragedy of the commons are not without challenge.  The late Elinor Olstrom won the Nobel Prize in economics in 2009 for her work showing the superiority of user-managed fish stocks, pastures, woods, lakes, and groundwater basins.  But the conventional doctrine has force if we accept its unstated premise: that humans are blindly driven by what American workers, at the dawn of the industrial revolution, bitterly called “the New Spirit of the Age, Gain Wealth forgetting all but Self.”

Like peasants and workers in England before them, American workers denounced this New Spirit, which was being imposed upon them, regarding it as demeaning and destructive, an assault on the very nature of free men and women.  And I stress women; among those most active and vocal in condemning the destruction of the rights and dignity of free people by the capitalist industrial system were the “factory girls,” young women from the farms.  They, too, were driven into the regime of supervised and controlled wage labor, which was regarded at the time as different from chattel slavery only in that it was temporary.  That stand was considered so natural that it became a slogan of the Republican Party, and a banner under which northern workers carried arms during the American Civil War.

Controlling the Desire for Democracy

That was 150 years ago — in England earlier.  Huge efforts have been devoted since to inculcating the New Spirit of the Age.  Major industries are devoted to the task: public relations, advertising, marketing generally, all of which add up to a very large component of the Gross Domestic Product.  They are dedicated to what the great political economist Thorstein Veblen called “fabricating wants.” In the words of business leaders themselves, the task is to direct people to “the superficial things” of life, like “fashionable consumption.” That way people can be atomized, separated from one another, seeking personal gain alone, diverted from dangerous efforts to think for themselves and challenge authority.

The process of shaping opinion, attitudes, and perceptions was termed the “engineering of consent” by one of the founders of the modern public relations industry, Edward Bernays.  He was a respected Wilson-Roosevelt-Kennedy progressive, much like his contemporary, journalist Walter Lippmann, the most prominent public intellectual of twentieth century America, who praised “the manufacture of consent” as a “new art” in the practice of democracy.

Both recognized that the public must be “put in its place,” marginalized and controlled — for their own interests of course.  They were too “stupid and ignorant” to be allowed to run their own affairs.  That task was to be left to the “intelligent minority,” who must be protected from “the trampling and the roar of [the] bewildered herd,” the “ignorant and meddlesome outsiders” — the “rascal multitude” as they were termed by their seventeenth century predecessors.  The role of the general population was to be “spectators,” not “participants in action,” in a properly functioning democratic society.

And the spectators must not be allowed to see too much.  President Obama has set new standards in safeguarding this principle.  He has, in fact, punished more whistleblowers [8] than all previous presidents combined, a real achievement for an administration that came to office promising transparency. WikiLeaks is only the most famous case, with British cooperation.

Among the many topics that are not the business of the bewildered herd is foreign affairs.  Anyone who has studied declassified secret documents will have discovered that, to a large extent, their classification was meant to protect public officials from public scrutiny.  Domestically, the rabble should not hear the advice given by the courts to major corporations: that they should devote some highly visible efforts to good works, so that an “aroused public” will not discover the enormous benefits provided to them by the nanny state.  More generally the U.S. public should not learn that “state policies are overwhelmingly regressive, thus reinforcing and expanding social inequality,” though designed in ways that lead “people to think that the government helps only the undeserving poor, allowing politicians to mobilize and exploit anti-government rhetoric and values even as they continue to funnel support to their better-off constituents” — I’m quoting [9] from the main establishment journal,Foreign Affairs, not from some radical rag.

Over time, as societies became freer and the resort to state violence more constrained, the urge to devise sophisticated methods of control of attitudes and opinion has only grown.  It is natural that the immense PR industry should have been created in the most free of societies, the United States and Great Britain.  The first modern propaganda agency was the British Ministry of Information a century ago, which secretly defined its task as “to direct the thought of most of the world” — primarily progressive American intellectuals, who had to be mobilized to come to the aid of Britain during World War I.

Its U.S. counterpart, the Committee on Public Information, was formed by Woodrow Wilson to drive a pacifist population to violent hatred of all things German — with remarkable success.  American commercial advertising deeply impressed others.  Goebbels admired it and adapted it to Nazi propaganda, all too successfully.  The Bolshevik leaders tried as well, but their efforts were clumsy and ineffective.

A primary domestic task has always been “to keep [the public] from our throats,” as essayist Ralph Waldo Emerson described the concerns of political leaders when the threat of democracy was becoming harder to suppress in the mid-nineteenth century.  More recently, the activism of the 1960s elicited elite concerns about “excessive democracy,” and calls for measures to impose “more moderation” in democracy.

One particular concern was to introduce better controls over the institutions “responsible for the indoctrination of the young”: the schools, the universities, the churches, which were seen as failing that essential task.  I’m quoting reactions from the left-liberal end of the mainstream spectrum, the liberal internationalists who later staffed the Carter administration, and their counterparts in other industrial societies.  The right wing was much harsher.  One of many manifestations of this urge has been the sharp rise in college tuition, not on economic grounds, as is easily shown.  The device does, however, trap and control young people by debt, often for the rest of their lives, thus contributing to more effective indoctrination.

The Three-Fifths People

Pursuing these important topics further, we see that the destruction of the Charter of the Forest, and its obliteration from memory, relates rather closely to the continuing efforts to constrain the promise of the Charter of Liberties.  The “New Spirit of the Age” cannot tolerate the pre-capitalist conception of the Forest as the shared endowment of the community at large, cared for communally for its own use and for future generations, protected from privatization, from transfer to the hands of private power for service to wealth, not needs.  Inculcating the New Spirit is an essential prerequisite for achieving this end, and for preventing the Charter of Liberties from being misused to enable free citizens to determine their own fate.

Popular struggles to bring about a freer and more just society have been resisted by violence and repression, and massive efforts to control opinion and attitudes.  Over time, however, they have met with considerable success, even though there is a long way to go and there is often regression.  Right now, in fact.

The most famous part of the Charter of Liberties is Article 39, which declares that “no free man” shall be punished in any way, “nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.”

[10]Through many years of struggle, the principle has come to hold more broadly.  The U.S. Constitution provides that no “person [shall] be deprived of life, liberty, or property, without due process of law [and] a speedy and public trial” by peers.  The basic principle is “presumption of innocence” — what legal historians describe as “the seed of contemporary Anglo-American freedom,” referring to Article 39; and with the Nuremberg Tribunal in mind, a “particularly American brand of legalism: punishment only for those who could be proved to be guilty through a fair trial with a panoply of procedural protections” — even if their guilt for some of the worst crimes in history is not in doubt.

The founders of course did not intend the term “person” to apply to all persons. Native Americans were not persons.  Their rights were virtually nil.  Women were scarcely persons.  Wives were understood to be “covered” under the civil identity of their husbands in much the same way as children were subject to their parents.  Blackstone’s principles held that “the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband: under whose wing, protection, and cover, she performs every thing.” Women are thus the property of their fathers or husbands.  These principles remain up to very recent years.  Until a Supreme Court decision of 1975 [11], women did not even have a legal right to serve on juries.  They were not peers.  Just two weeks ago, Republican opposition blocked [12] the Fairness Paycheck Act guaranteeing women equal pay for equal work.  And it goes far beyond.

Slaves, of course, were not persons.  They were in fact three-fifths human [13]under the Constitution, so as to grant their owners greater voting power.  Protection of slavery was no slight concern to the founders: it was one factor leading to the American revolution.  In the 1772 Somerset case, Lord Mansfield determined that slavery is so “odious” that it cannot be tolerated in England, though it continued in British possessions for many years.  American slave-owners could see the handwriting on the wall if the colonies remained under British rule.  And it should be recalled that the slave states, including Virginia, had the greatest power and influence in the colonies.  One can easily appreciate Dr. Johnson’s famous quip that “we hear the loudest yelps for liberty among the drivers of negroes.”

Post-Civil War amendments extended the concept person to African-Americans, ending slavery.  In theory, at least.  After about a decade of relative freedom, a condition akin to slavery was reintroduced by a North-South compact permitting the effective criminalization of black life.  A black male standing on a street corner could be arrested for vagrancy, or for attempted rape if accused of looking at a white woman the wrong way.  And once imprisoned he had few chances of ever escaping the system of “slavery by another name,” the term used by then-Wall Street Journal bureau chief Douglas Blackmon in an arresting study [14].

This new version of the “peculiar institution” provided much of the basis for the American industrial revolution, with a perfect work force for the steel industry and mining, along with agricultural production in the famous chain gangs [15]: docile, obedient, no strikes, and no need for employers even to sustain their workers, an improvement over slavery.  The system lasted in large measure until World War II, when free labor was needed for war production.

The postwar boom offered employment.  A black man could get a job in a unionized auto plant, earn a decent salary, buy a house, and maybe send his children to college.  That lasted for about 20 years, until the 1970s, when the economy was radically redesigned [16] on newly dominant neoliberal principles, with rapid growth of financialization and the offshoring of production.  The black population, now largely superfluous, has been recriminalized [17].

Until Ronald Reagan’s presidency, incarceration in the U.S. was within the spectrum of industrial societies.  By now it is far beyond others [18].  It targets primarily black males, increasingly also black women and Hispanics, largely guilty of victimless crimes under the fraudulent “drug wars.” Meanwhile, the wealth of African-American families has been virtually obliterated [19] by the latest financial crisis, in no small measure thanks to criminal behavior of financial institutions, with impunity for the perpetrators, now richer than ever.

Looking over the history of African-Americans from the first arrival of slaves almost 500 years ago to the present, they have enjoyed the status of authentic persons for only a few decades.  There is a long way to go to realize the promise of Magna Charta.

Sacred Persons and Undone Process

The post-Civil War fourteenth amendment [20] granted the rights of persons to former slaves, though mostly in theory.  At the same time, it created a new category of persons with rights: corporations.  In fact, almost all the cases brought to the courts under the fourteenth amendment had to do with corporate rights, and by a century ago, they had determined that these collectivist legal fictions, established and sustained by state power, had the full rights of persons of flesh and blood; in fact, far greater rights, thanks to their scale, immortality, and protections of limited liability.  Their rights by now far transcend those of mere humans.  Under the “free trade agreements,” Pacific Rim can, for example, sue El Salvador for seeking to protect the environment; individuals cannot do the same.  General Motors can claim national rights in Mexico.  There is no need to dwell on what would happen if a Mexican demanded national rights in the United States.

Domestically, recent Supreme Court rulings [21] greatly enhance the already enormous political power of corporations and the super-rich, striking further blows against the tottering relics of functioning political democracy.

Meanwhile Magna Charta is under more direct assault.  Recall the Habeas Corpus Act of 1679, which barred “imprisonment beyond the seas,” and certainly the far more vicious procedure of imprisonment abroad for the purpose of torture — what is now more politely called “rendition,” [22] as when Tony Blair rendered [23] Libyan dissident Abdel Hakim Belhaj, now a leader of the rebellion, to the mercies of Qaddafi; or when U.S. authorities deported [24]Canadian citizen Maher Arar to his native Syria, for imprisonment and torture, only later conceding that there was never any case against him.  And many others, often through Shannon Airport, leading to courageous protests in Ireland.

The concept of due process [25] has been extended under the Obama administration’s international assassination campaign in a way that renders this core element of the Charter of Liberties (and the Constitution) null and void.  The Justice Department explained that the constitutional guarantee of due process, tracing to Magna Charta, is now satisfied by internal deliberations [25] in the executive branch alone.  The constitutional lawyer in the White House agreed.  King John might have nodded with satisfaction.

The issue arose after the presidentially ordered assassination-by-drone of Anwar al-Awlaki, accused of inciting jihad in speech, writing, and unspecified actions.  A headline [26] in the New York Times captured the general elite reaction when he was murdered in a drone attack, along with the usual collateral damage.  It read: “The West celebrates a cleric’s death.” Some eyebrows were lifted, however, because he was an American citizen, which raised questions about due process — considered irrelevant when non-citizens are murdered at the whim of the chief executive.  And irrelevant for citizens, too, under Obama administration due-process legal innovations.

Presumption of innocence has also been given a new and useful interpretation.  As the New York Times reported [27], “Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.” So post-assassination determination of innocence maintains the sacred principle of presumption of innocence.

It would be ungracious to recall the Geneva Conventions, the foundation of modern humanitarian law: they bar “the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

The most famous recent case of executive assassination was Osama bin Laden, murdered after he was apprehended by 79 Navy seals, defenseless, accompanied only by his wife, his body reportedly dumped at sea without autopsy.  Whatever one thinks of him, he was a suspect and nothing more than that.  Even the FBI agreed.

Celebration [28] in this case was overwhelming, but there were a few questions raised about the bland rejection of the principle of presumption of innocence, particularly when trial was hardly impossible.  These were met with harsh condemnations.  The most interesting was by a respected left-liberal political commentator, Matthew Yglesias, who explained [29] that “one of the main functions of the international institutional order is precisely to legitimate the use of deadly military force by western powers,” so it is “amazingly naïve” to suggest that the U.S. should obey international law or other conditions that we righteously demand of the weak.

Only tactical objections can be raised to aggression, assassination, cyberwar [30], or other actions that the Holy State undertakes in the service of mankind.  If the traditional victims see matters somewhat differently, that merely reveals their moral and intellectual backwardness. And the occasional Western critic who fails to comprehend these fundamental truths can be dismissed as “silly,” Yglesias explains — incidentally, referring specifically to me, and I cheerfully confess my guilt.

Executive Terrorist Lists

Perhaps the most striking assault on the foundations of traditional liberties is a little-known case brought to the Supreme Court by the Obama administration,Holder v. Humanitarian Law Project [31].  The Project was condemned for providing “material assistance” to the guerrilla organization PKK, which has fought for Kurdish rights in Turkey for many years and is listed as a terrorist group by the state executive.  The “material assistance” was legal advice.  The wording of the ruling would appear to apply quite broadly, for example, to discussions and research inquiry, even advice to the PKK to keep to nonviolent means.  Again, there was a marginal fringe of criticism, but even those accepted the legitimacy of the state terrorist list — arbitrary decisions by the executive, with no recourse.

The record of the terrorist list is of some interest.  For example, in 1988 the Reagan administration declared Nelson Mandela’s African National Congress to be one of the world’s “more notorious terrorist groups,” so that Reagan could continue his support for the Apartheid regime and its murderous depredations in South Africa and in neighboring countries, as part of his “war on terror.” Twenty years later Mandela was finally removed [32] from the terrorist list, and can now travel to the U.S. without a special waiver.

Another interesting case is Saddam Hussein, removed from the terrorist list in 1982 so that the Reagan administration could provide him with support for his invasion of Iran.  The support continued well after the war ended.  In 1989, President Bush I even invited Iraqi nuclear engineers to the U.S. for advanced training in weapons production — more information that must be kept from the eyes of the “ignorant and meddlesome outsiders.”

One of the ugliest examples of the use of the terrorist list has to do with the tortured people of Somalia.  Immediately after September 11th, the United States closed down the Somali charitable network Al-Barakaat on grounds that it was financing terror. This achievement was hailed one of the great successes of the “war on terror.” In contrast, Washington’s withdrawal of its charges as without merit a year later aroused little notice.

Al-Barakaat was responsible for about half the $500 million in remittances to Somalia, “more than it earns from any other economic sector and 10 times the amount of foreign aid [Somalia] receives” a U.N. review determined.  The charity also ran major businesses in Somalia, all destroyed.  The leading academic scholar of Bush’s “financial war on terror,” Ibrahim Warde,concludes [33] that apart from devastating the economy, this frivolous attack on a very fragile society “may have played a role in the rise… of Islamic fundamentalists,” another familiar consequence of the “war on terror.”

The very idea that the state should have the authority to make such judgments is a serious offense against the Charter of Liberties, as is the fact that it is considered uncontentious.  If the Charter’s fall from grace continues on the path of the past few years, the future of rights and liberties looks dim.

Who Will Have the Last Laugh?

A few final words on the fate of the Charter of the Forest.  Its goal was to protect the source of sustenance for the population, the commons, from external power — in the early days, royalty; over the years, enclosures and other forms of privatization by predatory corporations and the state authorities who cooperate with them, have only accelerated and are properly rewarded.  The damage is very broad.

If we listen to voices from the South today we can learn that “the conversion of public goods into private property through the privatization of our otherwise commonly held natural environment is one way neoliberal institutions remove the fragile threads that hold African nations together.  Politics today has been reduced to a lucrative venture where one looks out mainly for returns on investment rather than on what one can contribute to rebuild highly degraded environments, communities, and a nation.  This is one of the benefits that structural adjustment programmes inflicted on the continent — the enthronement of corruption.” I’m quoting Nigerian poet and activist Nnimmo Bassey, chair of Friends of the Earth International, in his searing expose of the ravaging of Africa’s wealth, To Cook a Continent [34], the latest phase of the Western torture of Africa.

Torture that has always been planned at the highest level, it should be recognized.  At the end of World War II, the U.S. held a position of unprecedented global power.  Not surprisingly, careful and sophisticated plans were developed about how to organize the world.  Each region was assigned its “function” by State Department planners, headed by the distinguished diplomat George Kennan.  He determined that the U.S. had no special interest in Africa, so it should be handed over to Europe to “exploit” — his word — for its reconstruction.  In the light of history, one might have imagined a different relation between Europe and Africa, but there is no indication that that was ever considered.

More recently, the U.S. has recognized that it, too, must join the game of exploiting Africa, along with new entries like China, which is busily at work compiling one of the worst records in destruction of the environment and oppression of the hapless victims.

It should be unnecessary to dwell on the extreme dangers posed by one central element of the predatory obsessions that are producing calamities all over the world: the reliance on fossil fuels, which courts global disaster, perhaps in the not-too-distant future.  Details may be debated, but there is little serious doubt that the problems are serious, if not awesome, and that the longer we delay in addressing them, the more awful will be the legacy left to generations to come.  There are some efforts to face reality, but they are far too minimal. The recent Rio+20 Conference opened with meager aspirations and derisory outcomes.

Meanwhile, power concentrations are charging in the opposite direction, led by the richest and most powerful country in world history.  Congressional Republicans are dismantling the limited environmental protections initiated by Richard Nixon, who would be something of a dangerous radical in today’s political scene.  The major business lobbies openly announce their propaganda campaigns to convince the public that there is no need for undue concern — with some effect, as polls show.

The media cooperate by not even reporting the increasingly dire forecasts of international agencies and even the U.S. Department of Energy.  The standard presentation is a debate between alarmists and skeptics: on one side virtually all qualified scientists, on the other a few holdouts.  Not part of the debate are a very large number of experts, including the climate change program [35] at MIT among others, who criticize the scientific consensus because it is too conservative and cautious, arguing that the truth when it comes to climate change is far more dire.  Not surprisingly, the public is confused.

In his State of the Union speech [36] in January, President Obama hailed the bright prospects of a century of energy self-sufficiency, thanks to new technologies that permit extraction of hydrocarbons from Canadian tar sands [37], shale [38], and other previously inaccessible sources.  Others agree.  The Financial Times forecasts a century of energy independence for the U.S.  The report does mention the destructive local impact of the new methods.  Unasked in these optimistic forecasts is the question [of] what kind of a world will survive [39] the rapacious onslaught.

In the lead in confronting the crisis throughout the world are indigenous communities, those who have always upheld the Charter of the Forests.  The strongest stand has been taken by the one country they govern, Bolivia, the poorest country in South America and for centuries a victim of western destruction of the rich resources of one of the most advanced of the developed societies in the hemisphere, pre-Columbus.

After the ignominious collapse of the Copenhagen global climate change summit in 2009, Bolivia organized a People’s Summit with 35,000 participants from 140 countries — not just representatives of governments, but also civil society and activists.  It produced a People’s Agreement, which called for very sharp reduction in emissions, and a Universal Declaration on the Rights of Mother Earth [40].  That is a key demand of indigenous communities all over the world.  It is ridiculed by “sophisticated” westerners, but unless we can acquire some of their sensibility, they are likely to have the last laugh — a laugh of grim despair.

NOAM CHOMSKY scarcely needs an introduction to our public so we will offer none.

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Source URL: http://www.alternet.org/world/chomsky-most-powerful-country-history-destroying-earth-and-human-rights-we-know-them
Links:
[1] http://www.tomdispatch.com/
[2] http://www.alternet.org/authors/noam-chomsky
[4] http://www.amazon.com/dp/0520260007/ref=nosim/?tag=tomdispatch-20
[5] http://monthlyreview.org/2012/05/01/a-red-robin
[6] http://www.ips-dc.org/pressroom/world_bank_tribunal_ruling_in_el_salvador_mining_case_undermines_democracy
[7] http://www.garretthardinsociety.org/articles/art_tragedy_of_the_commons.html
[8] http://www.tomdispatch.com/post/175500/tomgram%3A_peter_van_buren,_in_washington,_fear_the_silence,_not_the_noise/
[9] http://www.foreignaffairs.com/articles/137418/desmond-king/americas-hidden-government
[10] http://www.amazon.com/dp/0872865371/ref=nosim/?tag=tomdispatch-20
[11] http://www.mass.gov/courts/sjc/jury-system-e.html
[12] http://www.npr.org/2012/06/05/154377271/senate-republicans-block-paycheck-fairness-act
[13] http://en.wikipedia.org/wiki/Three-Fifths_Compromise
[14] http://www.amazon.com/dp/0385722702/ref=nosim/?tag=tomdispatch-20
[15] http://www.tomdispatch.com/archive/175531/
[16] http://www.tomdispatch.com/archive/175539/noam_chomsky_plutonomy_and_the_precariat
[17] http://www.tomdispatch.com/post/175520/best_of_tomdispatch%3A_michelle_alexander,_the_age_of_obama_as_a_racial_nightmare/
[18] http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html
[19] http://pewresearch.org/pubs/2069/housing-bubble-subprime-mortgages-hispanics-blacks-household-wealth-disparity
[20] http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Text
[21] http://www.washingtonpost.com/blogs/the-fix/post/supreme-courts-montana-decision-strengthens-citizens-united/2012/06/25/gJQA8Vln1V_blog.html
[22] http://www.tomdispatch.com/post/7789/tom_engelhardt_dolce-vita
[23] http://www.guardian.co.uk/world/2012/apr/08/special-report-britain-rendition-libya
[24] http://www.slate.com/articles/news_and_politics/jurisprudence/2010/06/nowhere_to_hide.html
[25] http://www.salon.com/2011/09/30/awlaki_6/
[26] http://www.nytimes.com/2011/10/02/world/middleeast/as-the-west-celebrates-awlakis-death-the-mideast-shrugs.html
[27] http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html
[28] http://www.tomdispatch.com/archive/175388/engelhardt_Osama_dead_and_alive
[29] http://thinkprogress.org/yglesias/2011/05/13/200961/international-law-is-made-by-powerful-states/
[30] http://www.nytimes.com/2012/06/01/world/middleeast/obama-ordered-wave-of-cyberattacks-against-iran.html
[31] http://en.wikipedia.org/wiki/Holder_v._Humanitarian_Law_Project
[32] http://news.bbc.co.uk/2/hi/americas/7484517.stm
[33] http://www.amazon.com/dp/0520258150/ref=nosim/?tag=tomdispatch-20
[34] http://www.amazon.com/dp/1906387532/ref=nosim/?tag=tomdispatch-20
[35] http://web.mit.edu/newsoffice/2009/roulette-0519.html
[36] http://www.washingtonpost.com/politics/state-of-the-union-2012-obama-speech-excerpts/2012/01/24/gIQA9D3QOQ_story.html
[37] http://www.tomdispatch.com/archive/175417/bill_mckibben_the_great_american_carbon_bomb
[38] http://www.tomdispatch.com/archive/175492/ellen_cantarow_shale-shocked
[39] http://www.tomdispatch.com/archive/175523/michael_klare_a_new_energy_third_world
[40] http://climateandcapitalism.com/2010/04/27/universal-declaration-of-the-rights-of-mother-earth/
[41] http://www.alternet.org/tags/noam-chomsky
[42] http://www.alternet.org/tags/commons
[43] http://www.alternet.org/tags/charter-forest
[44] http://www.alternet.org/tags/charter-liberties
[45] http://www.alternet.org/tags/magna-carter

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